TOPIC:
FIVE HIGHER OBJECTIVES OF ISLAMIC LAW (MAQAASID
ASH -SHARIA)
In
the name of Allah, the Most Gracious the Most Merciful the Most Merciful
Respected brothers and sisters in Islam, today’s
sermon centered on : five higher
objectives of Islamic law (Maqaasid ash -sharia).
Islamic sharia simply refers to those set of
divine instructions, laws and commands given by Allah (SWT) through his
messenger (SAW) to the whole mankind. Thus, every adult is regarded to be a Mukallaf
(one who has the capacity to shoulder responsibilities and account for it); he
is mainly created to comprehend and practice the sharia of Allah (SWT). In the
course of doing so, he is liable to be punished in case of failing to fulfill
the demand of shari'a. He would also be rewarded and blessed on complying with
those instructions. Islamic sharia is laid down for the masaalih (common good,
interest or benefits) of humanity in this world and in the hereafter. It is
only Allah (SWT) the most High, who knows best of what His creatures need for
their benefit, safety, security, peace, progress and social well-being.
Therefore Islamic Laws were made to protect and achieve five main objectives in
our live namely; (religion, lives, property. intellect and progeny), which are
the basic and fundamental human rights in this world.
Imam
Abu Hamid al-Ghazali has stated that “The Shari’ah’s purposes to the creation
are five: to preserve their religion, their souls, their mind, their offsprings
and their money. So, everything that includes preserving these five principles
is considered a maslaha (interest). And everything that results in failure of
these principles is a harm that should be fought and tuned to an interest. The
prohibition of restraining these five principles has always been included in
all religions injunction as Sharia comes for the interest of humankind.”
FIVE HIGHER OBJECTIVES OF ISLAMIC LAW (MAQAASID
ASH -SHARIA)
- Preservation Of Religion
Religion
is the sum of beliefs, rituals and rules commanded by Allah SWT to regulate
people's relationship to their Lord and relationships with other human beings.
Islam intended through those provisions to establish basis of religion and install
it in the people’s hearts as they follow it. Allah says: “And whoever desires
other than Islam as religion - never will it be accepted from him, and he, in
the Hereafter, will be among the losers.” (Q3:85). And “Surely the religion in
the sight of Allah is Islam. And in no way did the ones to whom the Book was
brought differ (among themselves) except even after the knowledge came to them,
being inequitable among themselves. And whoever disbelieves in the signs of
Allah, then surely Allah is swift at the reckoning.” (Q3: 19).
- The Second Higher Objective Of Islam Is The Protection Of Life
Islam
has devoted a significant amount of texts and teaching into establishing the
preservation of one’s soul as the most fundamental principle of all. It is
through life that Mankind is able to maintain or preserve all of Almighty’s
provisions and principles. Therefore, Islam has not only protected the soul
from being killed or wasted but also established a set of rules to ensure its
welfare spiritually and humanly—that is to secure surviving needs such as food,
marriage, shelter, drinks and clothing—as well as establishing rules that deny
and forbid all means of self’s
distractions.
Allah
Most High says: “And in no way is it for a believer to kill a believer, except
it be by mistake; and whoever kills a believer by mistake must set free a
believing slave, and present a blood money (Compensation) to [the deceased’s]
family, unless they [charitably] remit it…..(Q 4:92)”
And
says: “O you who believe! Retaliation (qiṣāṣ) is prescribed on you for the ones
murdered; the freeman for the freeman, the slave for the slave, and the female
for the female. But whoever is forgiven somewhat by his [slain] brother (i.e.,
his family), then adhering to with fairness and payment ( adāʾ) [of blood
money] to him in kindness (iḥsān). That is an alleviation and mercy from your
Lord, but whoever transgresses [the limits of Allah] after that, he shall
receive a painful torment. (Q 2:178)
Also:“And
do not kill the soul which Allah has forbade[to be killed] except by [legal]
right. This has He instructed you that you may use reason.” (6:33)
Allah says “Because of that, We decreed upon
the Children of Israel that whoever kills a soul unless for a soul or for
corruption [done] in the land - it is as if he had slain mankind entirely. And
whoever saves one - it is as if he had saved mankind entirely. Q;5.32
- The Third Higher Objective Of Islam Is Preservation Of Mind/Intellect/ Mental Abilities
Allah
the Most High has commanded us to preserve our minds and has forbid all the
means to disable it through the toxicities, alcohols. That is Allah Almighty
has granted and distinguished humans from all other creatures by the grace of
the intellectual abilities, which means the ability to distinguish and making
choices, and solving the difficulties faced in life. Allah has made humans,
therefore, His successor on earth, and so they need to maintain the their mind,
which is the basis of the discourse of the succession on earth. Allah says: “So have they not traveled through
the earth and have hearts by which to reason and ears by which to hear? For
indeed, it is not eyes that are blinded, but blinded are the hearts which are
within the breasts.” (22: 46) And: And
regarding forbidding what affects the mind or disables it, the intoxicants,
Allah Almighty says: “O you who have believed, indeed, intoxicants, gambling,
[sacrificing on] stone alters [to other than Allah ], and divining arrows are
but defilement from the work of Satan, so avoid it that you may be successful.”
(Q5:90)
- The Fourth Higher Objective Of Islam Is The Preservation Of Lineage/Offspring
For
the sake of persevering human’s offspring, Shari’ah has legitimized marriage
and reproduction, and for the sake of protecting it, Shari’ah has forbade
adultery and assigned a legal punishment (had) for whoever commits it.
Moreover, Shari’ah also assigned a legal punishment for whoever lies about or
render someone guilty unjustly of committing it (had al-Qazf). This proves that
in maintaining the lineage a necessity for the purity of offspring from any
potential distortion or corruption by mixing it so one does not even know who
are their parents or who are their own children. In Quran we find the
forbiddance of adultery is stated clearly and firmly, Allah Most High says:
“And do not approach unlawful sexual intercourse. Indeed, it is ever an
immorality and is evil as a way. (17:32). And its punishment is stated in: “The
[unmarried] woman or [unmarried] man found guilty of sexual intercourse - lash
each one of them with a hundred lashes, and do not be taken by pity for them in
the religion of Allah , if you should believe in Allah and the Last Day. And
let a group of the believers witness their punishment.” (24:23)
- The Fifth Higher Objective Of Islam: The Preservation Of Wealth
Shari’ah
has commanded for the purpose of preserving human’s wealth the pursuit of
earning a living and permitted transactions and exchanges and trade. Shari’ah
also, for the sake of preserving wealth as well, forbid and placed punishments
upon theft, deception, treason and consuming people’s wealth unjustly, in
addition to discouraging the extravagance and squandering of money.
Money,
as well as everything, belongs to Allah SWT, who has granted humans the status
of successors on earth, and so they are commanded to preserve such grace not to
waste it.
Allah
Almighty says in Holy Qur’an: “And do not consume one another's wealth unjustly
or send it [in bribery] to the rulers in order that [they might aid] you [to]
consume a portion of the wealth of the people in sin, while you know [it is
unlawful].” (2:188)
“And
give to the orphans their properties and do not substitute the defective [of
your own] for the good [of theirs]. And do not consume their properties into
your own. Indeed, that is ever a great sin.” (4:2)
“Those
who consume interest cannot stand [on the Day of Resurrection] except as one
stands who is being beaten by Satan into insanity. That is because they say,
"Trade is [just] like interest." But Allah has permitted trade and
has forbidden interest. So whoever has received an admonition from his Lord and
desists may have what is past, and his affair rests with Allah. But whoever
returns to [dealing in interest or usury] - those are the companions of the
Fire; they will abide eternally therein.” (2:275)
Conclusion
The
Islamic Shari’ah has thus established and reserved these five higher
necessities and embodied them in all of its rulings, teachings and
good-manners. Besides, Shari’ah has built a system of rulings to construct
these objectives so that all that lead to them is permissible and all that opposes
them are forbidden. Thus we see that all rituals are legislated for the
preservation of religion; all norms (such as food, cloth, shelter, and drink)
are legislated for the preservation of the life; all transactions are
legislated for the preservation of wealth and lineage; and all punishments are
legislated to prevent all harms and ward off that may occur on the way of
achieving or fulfilling these higher objectives.
NB. I will like to use this opportunity to appeal
to the FG and entire Muslim Ummah particularly elites, on issues related to the
constitutional rights and privileges of Islam and Muslims in Nigeria. Muslims
are the majority in this nation but their religious rights are always on the
receiving end gradually is becoming an orphan, starting with just postponed
Hijab case of Firdausi Amasa and school of law, WAEC exams time table in
prayers times, Hijab and prayers in NYSC Camp, NDA , Symbols of Red Cross and
Hospital and other Agencies are not considering Muslims, their prayers time and other religious injunctions
in their activities as other religion is enjoying.
Finally
we are advising ummah to learn from their predecessors and not exceed limits in
whatever they are doing, be it is money, marriage, politics, office, power of
your connections etc. as that can only harm you as the perpetrator here and hereafter, as we all
witnessed the two son and daughter of two Muslim Governors displaying unIslamic
conducts in the name of weeding ceremonies in the week we are mourning for the two former Governors of Adamawa and Nasarawa state in persons of Alh. Aliyu Akwai Doma and
Alh. Saleh Minchika. May Allah SWT forgive their short comings and grand
them Jannatul Firdaus Ameen.
For questions or suggestions, pls call 08039584612 OR e-mail yahyalyolawi@gmail.com
No comments:
Post a Comment